{"operation":"document","citation":"15-0013","title":"Pinnacle Propane — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-05-18","effective_on":null,"summary":"15-0013 response to Pinnacle Propane concerning 171.1, 171.8, 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150013.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nWashington, DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY 1 8 2015\nKyle Sparks\nPinnacle Propane\n2825 Pecos Highway\nCarlsbad, NM 88220\nRef. No. 15-0013\nDear Mr. Sparks:\nThis responds to your January 15, 2015 email requesting clarification of the Hazardous Materials.\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the\nplacarding requirements for a propane tank trailer used to move ASME domestic propane storage\ntanks ranging in size from 100-gallon capacity to 1,200 gallon capacity.\nYou state that the trailer is unloaded (i.e., the tank is removed) and remains placarded even\nthough there is no hazardous material present. Additionally, there are no identifying markings or\ninspections on the trailer or motor vehicle pulling the trailer. You believe this is in violation of\nthe HMR and the FMCSA requirements. Finally, you include photographs to illustrate the\nscenario described.\nIn accordance with § 172.502 (prohibited and permissive placarding), no person may affix or\ndisplay a placard on a motor vehicle unless the material offered is a hazardous material and the\nplacard represents the hazard of material. Thus, if there is no hazardous material on the trailer, it\nmay not be placarded. However, the placarding requirements for hazardous materials apply to\ntransportation subject to the HMR.\nSection 171.1(d) specifies functions that are not subject to the requirements of the HMR. As\ndefined in § 171.8, \"transportation\" means the movement of property and loading, unloading, or\nstorage incidental to that movement. For a private motor carrier, transportation in commerce\ndoes not begin until the motor vehicle driver takes possession of the hazardous material for the\npurpose of transportation. Transportation continues until the driver relinquishes possession of.\nthe hazardous material at its destination and is no longer responsible for performing functions\nsubject to the HMR (see § 171.1 (d)).\nBased on the photographs and information you provided, it is the opinion of this Office that the\ntrailer (and motor vehicle) is not in transportation. It appears to be on a private facility and not in\ncommerce, and therefore, is not subject to the HMR including any hazard communication\nelements such as prohibited placarding.\n\n<<>>\n\nI hope this answers your inquiry. If you need additional assistance, please contact this Office at\n202-366-8553.\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBoothe\n•\n172,500\nGoodall, Shante CTR (PHMSA)\nPlacardinc\nFrom:\n15-00/3\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nThursday, January 15, 2015 4:53 PM\nHazmat Interps\nSubject:\nFW: Propane tank trailer\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Kyle Sparks [mailto:sparks.kylet@gmail.com]\nTo: Ciccarone, Michael CTR (PHMSA)\nSent: Thursday, January 15, 2015 4:08 PM\nSubject: RE: Propane tank trailer\nPinnacle Propane\nATTN: Kyle Sparks\n2825 Pecos Hwy\nCarlsbad NM 88220\nOn Jan 15, 2015 2:04 PM, wrote:\nDear Kyle,\nhazardous materials regulations (49 CFR Parts 171-180).\nWe have received your request for a written letter of interpretation\nregarding\nPlease include your company's physical address to expedite the submission process.\nSincerely,\nMike, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may\nbe requested in accordance with\n49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\n\n<<>>\n\nFrom: Kyle Sparks [mailto:sparks.kylet@gmail.com]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, January 15, 2015 4:02 PM\nSubject: Propane tank trailer\nHello, I wrote awhile back to ask questions about a placarding situation.\nI would like a interpretation letter.\nAttached find pictures of a propane tank moving trailer. It is used for the movement of ASME domestic storage\npropane tanks ranging from 100 gallon capacity to 1200 gallon capacity. As you can see in the pictures the\ntrailer is unloaded and remains placarded even though there is no hazardous material present. Also there are no\nidentifying markings on trailer or pickup pulling it as well as no inspections on either vehicle. I believe this is in\nviolation of finesa and phmsa. Please inform.\nKyle Sparks\n2\n\n<<>>\n\nBoothe, Deborah (PHMSA)\nSent:\nFrom:\nCiccarone, Michael CTR (PHMSA)\nTo:\nWednesday, January 28, 2015 11:12 AN\nAttachments:\nSubject:\nFW: Propane tank trailer\nBoothe, Deborah (PHMSA)\nIMG 20150115\n134752170.jpg; IMG_20150115_134740572.jpg; IMG_20150115_134730836.jpg\n_134814207.jpg; IMG_20150115_134803812.jpg; IMG_20150115_\nFrom: Kyle Sparks [mailto:sparks.kylet@gmail.com]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, January 15, 2015 4:02 PM\nSubject: Propane tank trailer\nHello, I wrote awhile back to ask questions about a placarding situation.\nI would like a interpretation letter.\nAttached find pictures of a propane tank moving trailer. It is used for the movement of ASME domestic storage\npropane tanks ranging from 100 gallon capacity to 1200 gallon capacity. As you can see in the pictures the\ntrailer is unloaded and remains placarded even though there is no hazardous material present. Also there are no\nidentifying markings on trailer or pickup pulling it as well as no inspections on either vehicle. I believe this is in\nviolation of fmosa and phmsa. Please inform.\nKyle Sparks","truncated":false,"body_characters":5492}